Zoo Animal Damage Infringement Liability Research

In this paper,the damage caused by the zoo animals for the law to explore,hope through the analysis of the zoo animals,imputation principle and applicable range,proposed consummates our country the zoo animals cause person damage tort liability issues related Suggestions,to ensure that the tort liability law for the protection of the victims more scientific,also make the bear zoo vicarious liability is more fair and reasonable.This article explores the zoo animals cause person damage tort liability of the relevant legal issues as follows:The first part,mainly including animals,animals,wildlife,and the zoo the connotation and legal status of the research object,with the raising of animals,the comparison of the definition and scope of wildlife and distinguish,clear scope and legal status of the legal definition of the zoo animals.The second part,from the tort imputation principle,the Angle of tort damage compensation,the principle of fault liability of the damage caused by the zoo animals tort imputation of the civil law idea;At the same time,from the tort imputation,the theoretical basis,value target,the function of the law to reflect damage caused by the dimensions identified the zoo animals such as tort imputation legal origin,with detailed and systematic analysis of the zoo animals for fault-presuming principle of imputation of infringement damage caused by the source of thought and theory,and Outlines the zoo animals embodied in the tort imputation method of damage caused by the sanctions,prevention,fill,protection,and other functions.The third part,further discusses the zoo animals cause person damage infringement applicable constitutive requirements under the presumption of fault liability principle features and concrete constitutive elements,the burden of proof and proof content,defense and the specific situation of legal liability,scope of compensation of general and special situations such as specific content.And,with practice and combining with the current specific case,analysis the zoo animals cause person damage infringement responsibility to bear the legal liability of the reason and other justifications.The fourth part,combining with present situation and the current legislation and judicial practice,from the aspect of legislation and practice,by defining the definition and scope of the zoo animals,clear infringement of the main responsibility of the damage caused by the zoo animals segmentation,build the principle of liability fixation of tort damage caused by the zoo animals diversity,establish and improve the supporting security,commercial insurance operations such as the zoo,zoo animals damage caused by the infringement relief fund zoo animals such as damage caused by the tort liability guarantee mechanism and so on to discuss and put forward to the zoo animals cause person damage tort liability regulation perfect measures and operation suggestion.Finally,summarized the full text,and based on the harmony of man and nature,sustainable development,calling for social attention and solve the problem of tort liability of the damage caused by the zoo animals.